The split decision in the Friedrich’s case, an unveiled attack on public unions by rightwing opponents to collective bargaining, produced a stalemate which leaves those rights as they were. In the event that the Supreme Court cannot reach a decision, the lower court ruling stands. Therefore, public unions can continue to represent their members and to collect dues to meet union expenses.

The absence of the late Justice Antonin Scalia from the Supreme Court was the key to this quasi-victory. To maintain public employee bargaining rights and to keep public employee unions strong, a progressive replacement for Scalia on the Supreme Court is needed. Undoubtedly, the anti-union element will try again to reverse earlier decisions affirming these rights. To make the victory secure, a more progressive Supreme Court is needed.

Hence, the importance of November’s presidential election. The next president will name judges to federal courts at every level. And who knows, maybe President Obama’s nominee to replace Scalia will eventually be seated. If not, the Supreme Court seat and all it implies for union rights will be hugely important in 2017.

Finally, kudos to Secretary of Labor Tom Perez and the Obama administration for the new union persuader rule that requires the identification of consultants hired by companies to defeat union organizing campaigns. Such activities should be known to employees.
The Obama administration, friendly to unions, their members and potential members, produced the persuader rule. An unfriendly administration could reverse it. One more indication of the presidential election’s importance. ■